Gujarat Court December 1951 Judgments
State Vs. Lohana Puranmal
Court: Gujarat
Decided on: Dec-31-1951
Reported in: 1953CriLJ91
Shah, C.J.1. This is an appeal against an order passed by the First Class Magistrate, Bantwa, acquitting the respondent Puranmal Bhagatdas of an offence under Section 66(b) of the Prohibition Act. A Police constable, on suspicion, detained the accused who was seen carrying a tin on the head and he got the tin opened in the presence of Panchas when it was found to contain three and a half seers of 'bhang'. The accused having been prosecuted for being in illegal possession of the 'bhang' he admitted carrying the tin, but stated that he was working as a coolie, that someone had hired him to take the tin to the railway station on payment of two annas as coolie charges, and that he was not aware of the contents of the tin. The learned (Magistrate accepted this explanation and held that the accused did not know that the tin contained 'bhang' and was not in conscious possession of the offending article and he therefore acquitted him giving him the benefit of the doubt.2. In this appeal, the l...
Tag this Judgment!Dhanji Vallabhdas Vs. State
Court: Gujarat
Decided on: Dec-11-1951
Reported in: 1953CriLJ94
Chhatpar, J.1. This is a revision application to revise an order of the Sessions Judge, Central Saurashtra Division, dismissing an appeal of the applicant from his conviction of offences under Sections 304A and 338, Indian Penal Code by the First Class Magistrate, Rajkot. An application by the prosecution was made before the Sessions Judge for enhancement of the sentence. The learned Sessions Judge did not think it fit to make a reference to the High Court for enhancement of the sentence; but when the present revision application was admitted, this High Court issued a notice to the applicant to show cause why the sentence should not be enhanced. So that in the present case we have to consider the question of the conviction of the applicant as also the question of the sentence imposed by the Magistrate, in case the conviction is upheld.2. The facts leading to this application are shortly that the accused-applicant was driving a motor car bearing No. 506 and he was proceeding from Sir La...
Tag this Judgment!Dabhi Harisinh Laxmanji Vs. State
Court: Gujarat
Decided on: Dec-06-1951
Reported in: 1953CriLJ586
Chhatpar, J.1. This is an application for a writ of Habeas Corpus under Section 491 (1)(b), Criminal P.C. The applicant was detained by an order of the District Magistrate, Madhya Saurashtra f District, passed under Sub-section (2) of Section 3 read with Sub-section (1)(a)(ii) of the said Section of the Preventive Detention Act, 1950. The order was passed on 4.8.1951; the applicant was arrested on 18.8.1951 and since then ho has been in detention. Grounds dated 18.8.1951 of his detention were thereafter supplied to him. On 6.9.l951, the papers relating to his detention including the grounds on which r the order was made were forwarded to the Advisory Board constituted under Section 8 of the Act as required by Section 9, On 25.9.1951, further information called for by the Board was supplied to it. Thereafter the present application was filed in this Court on 19.10.1951 and a representation was, at the same time, made to the Government by the applicant against the order of his detention,...
Tag this Judgment!- ‹ Prev
- Next ›